AOS Dilemma

[Participant]

My friend has the opprtunity of being sponsored by Cos.for GC.
He has the follwoing situation:
Case1)
Present Co. has offered to apply for I-140/485 concurrent filing based on Sub.LC approved for another employee.It is same job ,Only issue here is his present salary little lower than mentioned in LC and .Co.says they are likley equate it.
Case2)
Also 1.5 years ago,he has gone ahead of filing thro' another prospective employer and his own LC is in the approval stage.

The above are parallel almost and different service center areas.

The main concern is regarding I-485 legality and conventions in the above two scenarios.

In case 1) As it by term AOS,is status adjustment is due to the candiadte is present in US or by job description or by salary or all the above.
If it is salary also,at what stage it is to be eqauted so as to comply with convetion/rules.
(for example at the stage UCIS asks for pay stubs?etc).

In case 2) This is filed as a prospective employer.
As AOS,is for adjustment of status of (current employee in the same organization?).
If it can be filed for other reason aslo,like the perosn is present in US,then at what stage UCIS asks for pay stubs or won't ask? since it is future employment.
if asks how pay stubs can be furnished since the candiadte is not with future empolyer and not ready to join him as right now there is no offer(Only future).
If AOS is not allowed situation,will it be COP.and applying only for I-140 fist?

Why two:becuase both are fluid.hence to try both at least one will result .

Any thoughts and info' from the members is highly appreciated.

 

[ginnu]

My friend has the opportunity of being sponsored by Cos.for GC.
He has the following situation:
Case1)
Present Co. has offered to apply for I-140/485 concurrent filing based on Sub.LC approved for another employee. It is same job, Only issue here is his present salary little lower than mentioned in LC and. Co.says they are likely equate it.
---- just make sure that the LC has NOT been used by other employer and your friend qualifies to substitute the LC. Salary issue will not matter much at GC is for future job and employer is supposed to pay the salary mention on LC after GC

Case2)
Also 1.5 years ago, he has gone ahead of filing thro' another prospective employer and his own LC is in the approval stage.

The above are parallel almost and different service center areas.

The main concern is regarding I-485 legality and conventions in the above two scenarios.

In case 1) As it by term AOS,is status adjustment is due to the candidate is present in US or by job description or by salary or all the above.
----- AOS can only be filed if the candidate is IN US
If it is salary also,at what stage it is to be eqauted so as to comply with convetion/rules.
(for example at the stage UCIS asks for pay stubs?etc).
-------- They can ask W-2 pay stubs at they time of I-485 approval ( 18-24 months from filling I-485 according to current processing times)
In case 2) This is filed as a prospective employer.
As AOS,is for adjustment of status of (current employee in the same organization?).
If it can be filed for other reason aslo,like the perosn is present in US,then at what stage UCIS asks for pay stubs or won't ask? Since it is future employment.
if asks how pay stubs can be furnished since the candidate is not with future employer and not ready to join him as right now there is no offer(Only future).
If AOS is not allowed situation, will it be COP.and applying only for I-140 fist?

----- GC is for future job, he can submit past pay stubs, he does not need to be working with the employer who filed I-140 and then candidate filed AOS or I-485. It is much better to join the employer before I-485 is going to be approved. generally BCIS only asks for pay stubs or W-2 if case is sent to local BCIS office for interview. If it is straight case then they only look at the financial document of the company that were submitted at the time of I-140.

 

[Participant]

Thank you Ginnu for your detailed reply.
One more thing:You mentioned for case 1)
'They can ask W-2 pay stubs at they time of I-485 approval ( 18-24 months from filling I-485 according to current processing times)'.
ARE Pay stubs at the time of approval ,need to be same mentioned in LC salary or Is it OK if he submits his original salary(which little less than LC one),since you mentioned the LC salary compliance is only after GC.
Thanks again.

 

[ginnu]

One more thing: You mentioned for case 1)
'They can ask W-2 pay stubs at they time of I-485 approval ( 18-24 months from filling I-485 according to current processing times)'.
ARE Pay stubs at the time of approval, need to be same mentioned in LC salary
-No
or Is it OK if he submits his original salary (which little less than LC one), since you mentioned the LC salary compliance is only after GC.
- yes
for more detailed answers go to your lawyer